High Court dismissed the revision petition regarding the invitation of an additional accused under Section 319 Cr.P.C. following principles in Micheal Machado case, finding no ground to interfere at a late stage.
Application for seeking summons of additional accused under Section 319 Cr.P.C. was dismissed; revision petition also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M-1185-2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1185-2014 (O&M). Decided on: February 4, 2014.
Sanjay
..... Petitioner(s)
Versus
State of Haryana and others
..... Respondent(s)
*** * * CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Imran, Advocate, for the petitioner.**
M.M.S. BEDI, J (ORAL).
The petitioner had filed an application under Section 319 Cr.P.C., after conclusion of prosecution evidence and recording statement of accused under Section 313 Cr.P.C., claiming that respondent No.2 Sukhdev Sharma whose name stands mentioned in the FIR as well as in the statement of the complainant should have been arrayed as an additional accused. The said application was dismissed by the trial Court prima facie finding that the material produced on the record was not sufficient enough to warrant conviction of Sukhdev Sharma who was sought to be summoned as additional accused. The revision filed against the order dismissing the application under Section 319 Cr.P.C., was also dismissed on 4.12.2013.
Counsel for the petitioner has urged that the Courts below have acted illegally by dismissing the application under
1
Raj Kumar Arora 2014.02.06 10:55 I attest to the accuracy and integrity of this document
CRM-M-1185-2014 (O&M)
Section 319 Cr.P.C.
I have considered the facts and circumstances of the present case. It is a fact that an application under Section 319 Cr.P.C., was filed after recording of statement of accused under Section 313 Cr.P.C. The stage of the trial while deciding the application under Section 319 Cr.P.C., is the most material circumstance for allowing or disallowing the application. Following the principles laid down in case Micheal Machado and another Vs.
Central Bureau of Investigation & anr. 2000(2), RCR 75 , and taking into consideration the nature of the material produced by the petitioner and prosecution agency, I do not find any sufficient ground to interfere in the orders passed by the Courts below to summon Sukhdev Sharma, as additional accused at a belated stage.
Dismissed.
(M.M.S. BEDI) February 4, 2014. JUDGE rka
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Raj Kumar Arora 2014.02.06 10:55 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the revision petition against the dismissal of an application under Section 319 Cr.P.C. inviting additional accused should be allowed at a belated stage.
Colour shows how this judgement treated each authority
Micheal Machado and another Vs. Central Bureau of Investigation & anr.Followed¶17
Micheal Machado and another Vs. Central Bureau of Investigation & anr. 2000(2), RCR 75
1 provisions across 1 enactments
Sanjay
State of Haryana and others
Sukhdev Sharma
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
